testing requirement in California

11 California opinions name it 3 courts 1989–2022 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
People v. Garciagreen calctapp · 1986 · cited in 1 California opinions naming this issue, 2022–2022 1 sentence 2022(See Cal. Code of Regs., tit. 15, § 3271 [every CDCR “employee, regardless of his or her assignment, is responsible for the safe custody of the inmates confined in the institutions of the department”]; People v. Garcia (1986) 178 Cal.App.3d 887, 892 [in most counties, with exceptions not including Sacramento, “the county sheriff administers the jail”].) These considerations and the limited facts before us lead us to conclude that the trial court’s inherent authority, although broad, did not authorize the testing requirement here as part of defendant’s sentence.	1	1
In Re Alexis E.green calctapp · 2009 · cited in 1 California opinions naming this issue, 2014–2014 1 sentence 2014(See In re Alexis E. (2009) 171 Cal.App.4th 438, 453-454 [drug counseling and testing requirement in disposition order upheld where the father’s use of medical marijuana threatened the physical and emotional health and safety of his children].) As the juvenile court found, substantial evidence in the record establishes a nexus between Mother’s marijuana use and her physical abuse of Nicholas.	1	1
People v. Browngreen cal · 2003 · cited in 1 California opinions naming this issue, 2014–2014 1 sentence 2014(See People v. Brown (2003) 31 Cal.4th 518, 538, fn. 6 ) Second, defendant argues the testing requirement of condition number 15 is overbroad because it “presents a significant risk of violating his right to privacy.” Again, defendant both ties this argument to the specific facts of his case and fails to back up his general constitutional argument with any specific case law holding that alcohol testing, on its face, is an unconstitutional requirement.	1	1
Collins v. Youngbloodgreen scotus · 1990 · cited in 1 California opinions naming this issue, 2004–2004 2 sentences 2004At issue was whether the statute had improperly increased the “punishment” for such crimes after their commission (see Collins v. Youngblood (1990) 497 U.S. 37, 42 [ 111 L.Ed.2d 30 , 110 S.Ct. 2715 ]) by means of “retrospective legislation with a punitive effect or purpose.” (McVickers, supra, at p. 85 .) For the proper test of punishment, we looked at the outset not only to Mendoza-Martinez, supra, 372 U.S. 144 , but to the plurality opinion in Prop v. Dulles (1958) 356 U.S. 86 [ 2 L.Ed.2d 630 , 78 S.Ct. 590 ] (Trop). 2004At issue was whether the statute had improperly increased the “punishment” for such crimes after their commission (see Collins v. Youngblood (1990) 497 U.S. 37, 42 [ 111 L.Ed.2d 30 , 110 S.Ct. 2715 ]) by means of “retrospective legislation with a punitive effect or purpose.” (McVickers, supra, at p. 85 .) For the proper test of punishment, we looked at the outset not only to Mendoza-Martinez, supra, 372 U.S. 144 , but to the plurality opinion in Prop v. Dulles (1958) 356 U.S. 86 [ 2 L.Ed.2d 630 , 78 S.Ct. 590 ] (Trop).	1	1
Mark B. Harmon v. Richard L. Thornburgh, Attorney General of the United Statesgreen cadc · 1989 · cited in 1 California opinions naming this issue, 1997–1997 1 sentence 1997Cir. 1989) 878 F.2d 484, 489 [ 278 App.D.C. 382 ], italics added.) Because incumbent employees seeking promotion have consented to undergo drug testing as part of a medical examination after notice of the testing requirement, this case is analogous to the airport search cases of a generation ago.	1	1
National Treasury Employees Union v. Von Raabgreen scotus · 1989 · cited in 1 California opinions naming this issue, 1989–1989 1 sentence 1989(See National Treasury Employees Union v. Von Raab, supra, 489 U.S. at p. 672, fn. 2 [103 L.Ed.2d at p. 706, 109 S.Ct. at p. 1394] [intrusiveness of a drug-screening program is diminished when applicants for a position have advance notice of the testing requirement].) Finally, the procedures to which plaintiffs were asked to consent are designed to minimize the intrusion into individual privacy.	1	1
Skinner v. Railway Labor Executives' Assn.green scotus · 1989 · cited in 1 California opinions naming this issue, 1989–1989 2 sentences 1989(See Skinner v. Railway Labor Executives Ass’n, supra, 489 U.S. at p. 628 [103 L.Ed.2d at p. 667, 109 S.Ct. at p. 1418] [intrusiveness of even mandatory drug test of public employees may be diminished because of the procedures utilized].) As stated, the samples are collected in a medical environment, during the preemployment physical, by persons unrelated to the employer. 1989(See Skinner v. Railway Labor Executives Ass’n, supra, 489 U.S. at p. 628 [103 L.Ed.2d at p. 667, 109 S.Ct. at p. 1418] [intrusiveness of even mandatory drug test of public employees may be diminished because of the procedures utilized].) As stated, the samples are collected in a medical environment, during the preemployment physical, by persons unrelated to the employer.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
Holliday v. City of Modesto green calctapp · 1991 2 sentences 1997Finally, in Holliday v. City of Modesto (1991) 229 Cal.App.3d 528 , a city fire fighter, who had been cited for drug use by city police officers, to submit to drug testing as a condition of continued employment. 9 However, the trial court made no findings regarding the city's purposes in ordering the drug testing, and no evidence was offered that public safety was the primary consideration. ( Id ., at pp. 538-539.) Accordingly, the Court of Appeal concluded: "Because of the fundamental differences between the use of force policy reviewed in the San Jose case and the drug-test order involved he 1997Finally, in Holliday v. City of Modesto (1991) 229 Cal.App.3d 528 , a city fire fighter, who had been cited for drug use by city police officers, to submit to drug testing as a condition of continued employment.	2	1997–1997
People v. Scott green cal · 1994 1 sentence 2013(People v. Scott (1994) 9 Cal.4th 331, 354 .) A sentence is unauthorized where it could not be lawfully imposed "under any circumstances in the particular case." (Ibid.) Because the testing requirement could have been imposed had the trial court made the required finding, the sentence is not unauthorized.	1	2013–2013
Trop v. Dulles green scotus · 1958 2 sentences 2004At issue was whether the statute had improperly increased the “punishment” for such crimes after their commission (see Collins v. Youngblood (1990) 497 U.S. 37, 42 [ 111 L.Ed.2d 30 , 110 S.Ct. 2715 ]) by means of “retrospective legislation with a punitive effect or purpose.” (McVickers, supra, at p. 85 .) For the proper test of punishment, we looked at the outset not only to Mendoza-Martinez, supra, 372 U.S. 144 , but to the plurality opinion in Prop v. Dulles (1958) 356 U.S. 86 [ 2 L.Ed.2d 630 , 78 S.Ct. 590 ] (Trop). 2004At issue was whether the statute had improperly increased the “punishment” for such crimes after their commission (see Collins v. Youngblood (1990) 497 U.S. 37, 42 [ 111 L.Ed.2d 30 , 110 S.Ct. 2715 ]) by means of “retrospective legislation with a punitive effect or purpose.” (McVickers, supra, at p. 85 .) For the proper test of punishment, we looked at the outset not only to Mendoza-Martinez, supra, 372 U.S. 144 , but to the plurality opinion in Prop v. Dulles (1958) 356 U.S. 86 [ 2 L.Ed.2d 630 , 78 S.Ct. 590 ] (Trop).	1	2004–2004
Kennedy v. Mendoza-Martinez green scotus · 1963 1 sentence 2004At issue was whether the statute had improperly increased the “punishment” for such crimes after their commission (see Collins v. Youngblood (1990) 497 U.S. 37, 42 [ 111 L.Ed.2d 30 , 110 S.Ct. 2715 ]) by means of “retrospective legislation with a punitive effect or purpose.” (McVickers, supra, at p. 85 .) For the proper test of punishment, we looked at the outset not only to Mendoza-Martinez, supra, 372 U.S. 144 , but to the plurality opinion in Prop v. Dulles (1958) 356 U.S. 86 [ 2 L.Ed.2d 630 , 78 S.Ct. 590 ] (Trop).	1	2004–2004
People v. McVickers green cal · 1992 2 sentences 2004Thus, in People v. McVickers (1992) 4 Cal.4th 81 [ 13 Cal.Rptr.2d 850 , 840 P.2d 955 ] (McVickers), we considered whether a statute requiring persons convicted of certain sex crimes to submit to blood tests for AIDS violated the state and federal ex post facto clauses, as applied to persons who had committed their crimes before the testing requirement was adopted. 2004Thus, in People v. McVickers (1992) 4 Cal.4th 81 [ 13 Cal.Rptr.2d 850 , 840 P.2d 955 ] (McVickers), we considered whether a statute requiring persons convicted of certain sex crimes to submit to blood tests for AIDS violated the state and federal ex post facto clauses, as applied to persons who had committed their crimes before the testing requirement was adopted.	1	2004–2004
Love v. Superior Court green calctapp · 1990 2 sentences 1996The court concluded the Fourth Amendment balancing must be struck in favor of the testing requirement. ( 226 Cal.App.3d at p. 746 .) There are few circumstances where a special need of the government is so compelling that it justifies dispensing with the traditional Fourth Amendment protections. 1996The court concluded the Fourth Amendment balancing must be struck in favor of the testing requirement. ( 226 Cal. App.3d at p. 746 .) There are few circumstances where a special need of the government is so compelling that it justifies dispensing with the traditional Fourth Amendment protections.	1	1996–1996
Johnetta J. v. Municipal Court green calctapp · 1990 2 sentences 1990Applying the Skinner analysis, the Johnetta J. court held the testing requirement to be a reasonable search notwithstanding the fact (1) that there was no probable cause or individualized suspicion that the defendant, who had bitten a police officer, was afflicted with AIDS and (2) that saliva transfer as a means of contracting AIDS was only a “theoretical possibility . . . .” (Johnetta J. v. Municipal Court, supra, 218 Cal.App.3d at p. 1279 .) The special need identified in Johnetta J. was the state’s interest in protecting the health and safety of its employees faced with the possibility of 1990Applying the Skinner analysis, the Johnetta J. court held the testing requirement to be a reasonable search notwithstanding the fact (1) that there was no probable cause or individualized suspicion that the defendant, who had bitten a police officer, was afflicted with AIDS and (2) that saliva transfer as a means of contracting AIDS was only a “theoretical possibility . . . .” (Johnetta J. v. Municipal Court, supra, 218 Cal.App.3d at p. 1279 .) The special need identified in Johnetta J. was the state’s interest in protecting the health and safety of its employees faced with the possibility of	1	1990–1990

Where else courts name it

IL 15 (1985–2024) CA 11 (1989–2022) TX 5 (1986–2021) KY 5 (1937–2024) NY 4 (1987–2020) NC 3 (2019–2026) NM 3 (2010–2018) GA 3 (1984–2010) OH 3 (2020–2020) PA 2 (2017–2020) OR 2 (1989–1993) MN 2 (2008–2014) FL 2 (2005–2025) AL 2 (2015–2016) CO 2 (1910–2026) MI 2 (1939–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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